Legal question

Loop2kil

Platinum Member
Mar 28, 2004
2,605
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If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?
 

finite automaton

Golden Member
Apr 30, 2008
1,226
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define "unfairly"

unless you think race is involved, you have no grounds.

and if you think race is involved, and it's a large company, you're probably wrong.

edit: I'm not a lawyer, and my postcount > *
 

AlienCraft

Lifer
Nov 23, 2002
10,539
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Originally posted by: Loop2kil
If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?
ACCepting on might. Depends on State the company is in and nature of complaint.



 

SacrosanctFiend

Diamond Member
Oct 2, 2004
4,269
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0
Originally posted by: Loop2kil
If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?

It really depends on your reasoning for "unfair termination." There are some things that you can sign away in a severance agreement, and there are some things you can't. If you want more specificity, you need to provide more information.
 

Bignate603

Lifer
Sep 5, 2000
13,897
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Call the lawyer and ask. They'll be familiar with the laws in your state and how it affects your situation.
 

Loop2kil

Platinum Member
Mar 28, 2004
2,605
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I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.
 

Loop2kil

Platinum Member
Mar 28, 2004
2,605
21
81
Originally posted by: AlienCraft
Originally posted by: Loop2kil
If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?
ACCepting on might. Depends on State the company is in and nature of complaint.

thank you..DUH!!!
 

JS80

Lifer
Oct 24, 2005
26,271
7
81
Originally posted by: Loop2kil
I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.

nope, you will lose and no lawyer will take your case without payment up front.
 

Bignate603

Lifer
Sep 5, 2000
13,897
1
0
Originally posted by: Loop2kil
I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.

If you're guilty of it they can and should fire you. What happens to other people isn't really of your concern. If you get fired for something you should be fired for how are they being unfair to you?
 

Engineer

Elite Member
Oct 9, 1999
39,230
701
126
Originally posted by: JS80
Originally posted by: Loop2kil
I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.

nope, you will lose and no lawyer will take your case without payment up front.

That's what I was thinking when reading his response. Sounds like he knows he's guilty of an offense that you can be fired over. Regardless if others can be fired or not has nothing to do with your deeds and whether or not you are fired.
 

compman25

Diamond Member
Jan 12, 2006
3,767
2
81
Originally posted by: AlienCraft
Originally posted by: Loop2kil
If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?
ACCepting on might. Depends on State the company is in and nature of complaint.

Hmmm, should I?
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Almost always the condition to you accepting a severance is you give up any and all legal recourse you have. Don't sign shit.
 

Loop2kil

Platinum Member
Mar 28, 2004
2,605
21
81
Originally posted by: spidey07
Almost always the condition to you accepting a severance is you give up any and all legal recourse you have. Don't sign shit.

Thank you...That's what I figured but I thought I would ask.
 

Tsaico

Platinum Member
Oct 21, 2000
2,669
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From what I understand, no it does not. But you may have to return the monies involved. From what I recall, most severances have a clause in there that claims to sheild them from liabilities, but generally if you were really termed for a illegal reason, it won't matter, since you were "coerced" into signing it, making it null. (being that if you didn't accept the money and sign, you would just be let go and tossed out with nothing)

In your regard, if the policy was to fire you, then you have no ground, even if isn' fairly enforced. The only reason you would have is if you can prove it was because of your sex, age, race, sexual orientation, etc. Since this came up first, I am prone to think these other issues were not a concern or they were not documented.

Either way, good luck.

 

sao123

Lifer
May 27, 2002
12,653
205
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Originally posted by: Loop2kil
I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.

you had sex with your female boss on company time? of course you will get the ax... and she will get promoted... They all want their turn.
 

Codewiz

Diamond Member
Jan 23, 2002
5,758
0
76
Originally posted by: Loop2kil
I'm guilty of violating an issue that can get someone fired where I work(a very large company). However, my supervisor is complicit in the same thing (this can't be disputed), as well as other peers. My concern is that I believe I will be the scapegoat of the situation and the only one that will get punished.

No case. What they do to other people doesn't matter.

 

edro

Lifer
Apr 5, 2002
24,326
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It's like pleading to a cop that everyone else was speeding too, right after he gives you a ticket.

I know it really sucks to be the scapegoat, but if you take it further, you will only be throwing your peers under the bus.
 

Wheezer

Diamond Member
Nov 2, 1999
6,731
1
81
Originally posted by: Loop2kil
If someone feels they are being terminated unfairly and would like to explore their options with a lawyer, would excepting any sort of severance diminish my legal stance?


"feelings" have nothing to do with it.

either you are being shit canned for a viable reason or you are not.

you break the rules you pay the price and no...pointing at another screaming "he did it too" is not going to save you.

It's like getting pulled over for speeding and while the cop is writing your ticket some dude blows past you doing 70 in a 55...do you REALLY think the cop is gonna stop writing your ticket and let you go to go after the other guy?

If your company is smart they have their bases covered on this, if you piss them off by brining in an attorney they will do what ever they can not only to fuck you on your severance but your unemployment too (i would, and have)......think about ...is it really worth it?
 

rudeguy

Lifer
Dec 27, 2001
47,351
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So the OP did something that warrants him being fired. His company is good enough to give him severance pay even though they are not obligated to do so. Now the OP isn't happy with that and wants to drag a few other down with him?

Sad...just sad.
 

Regs

Lifer
Aug 9, 2002
16,666
21
81
One, being a whistle blower does not excuse you of wrong doing, no matter how malignant the deed was. But hey, the company might cut you a disciplinarian break if you squeal but that also depends if they want to accept the liability you've become.

Two, accepting severance depends on the grounds you got fired. Likely if you're going after a company for being fired because of your sexual orientation then accepting a new position or any type of consideration, it won't look good. Also, did you get bullied and unjustly and prejudicially segregated? Likely not because it sounds like you're guilty too.